Passmore on Privilege

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  • The effect of a duty of confidentiality owed by a witness

    Enviado: 02 February 2018

    This blog post considers the situation where evidence is sought from a potential witness who owes a duty of confidentiality to another.

  • An exception to privilege?

    Enviado: 29 January 2018

    This blog post looks at Accident Exchange Ltd & Anor v McLean & Ors [2018] EWHC 23 (Comm) which examines the crime-fraud exception to privilege in the context of a major motor credit hire fraud.

  • Waiver of privilege

    Enviado: 15 January 2018

    This blog post examines a recent US case on waiver of privilege the facts of which would, if repeated before an English Court, quite probably lead to a similar decision.

  • The ENRC and the RBS Rights Issue Litigation

    Última revisión: 10 October 2017 / Enviado: 18 July 2017

    ENRC and RBS Rights Issue Litigation: where are we now?

  • Communications for the purpose of legal advice - the Australian approach to privilege

    Enviado: 08 August 2017

    English lawyers who focus on privilege issues are still coming to grips with the implications of the May 2017 decision in Director of the SFO v Eurasian Natural Resources Corporation Ltd (ENRC).

  • The interplay between confidentiality and privilege

    Enviado: 19 July 2017

    The courts continue to examine different aspects of this area and Garnham J’s decision in Simkin v The Berkeley Group is the latest example.

  • A privilege lesson from Singapore

    Enviado: 09 June 2017

    The Singapore Court of Appeal has considered when and where privilege might be lost if privileged information gets into the public domain.

  • Internal investigations and privilege: big challenges ahead

    Enviado: 16 December 2016

    Hildyard J has handed down a very important decision on the unavailability of legal advice privilege in relation to the conduct of interviews in the course of an internal investigation

  • Interview notes privilege and civil litigation

    Enviado: 08 December 2016

    The question of whether lawyers’ notes of interviews with company employees in the course of an investigation are privileged has been a hot topic recently

  • The Law Society’s new draft guidance on privilege

    Enviado: 08 September 2016

    The draft guidance is part of Law Society's response to the growing threats posed to privilege. It is designed to remind the profession of the circumstances in which privilege is available and the importance of the need to assert it when it is proper to do so.

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